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Cancel mortgage on property Spain – Remember to Cancel all Charges when Buying!

A client contacted us recently for assistance with obtaining an NIE number. They had bought a property in Fuerteventura back in 2002 when it was not an obligation to possess an NIE when carrying-out this type of transaction.

I requested a simple Certificate of the property deeds from the Land Registry as this had to be attached to the NIE application and I was surprised to see that the certificate referenced an old mortgage listed on the land registry entry for my client’s property, from the time before my client bought the property.

After investigating the matter further with the Notary office in which my client signed the deeds to buy the property I was able to confirm that the deed cancelling the pre-existing mortgage charge held over the property had been signed on the same date as the purchase took place with a reference date of prior to the purchase. Nobody had collected it and nobody therefore had registered the deed of cancellation in the land registry.

I obtained an authorised copy so that I could register the deed of cancellation in the land registry and therefore regularised the land registry record and made sure that it reflected the current ownership situation.

Remember: cancel mortgage on property Spain

So, in the end it was possible to resolve the matter successfully but the situation highlighted the necessity to ensure that all issued deeds are inscribed in the land registry. Otherwise you may find that potential buyers are put-off placing an offer to buy your property due to unexpected charges registered against your property appearing on the property registry as not cancelled.

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Client testimonials

"My lawyer - through her extraordinary efforts - ensured everything was done for me and on several occasions during this process went the extra mile. She has provided 1st class aftercare also. Exceptional value for money!"

Neil Shaw (Apr 28, 2021)

Property Purchase

Available in the following locations: Alcoy, Alicante, Barcelona, Benidorm, Cadiz, Castellon, Córdoba, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Malaga, Marbella, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo, Zaragoza.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.


1Who is this Service for?

Buying property abroad is a very popular activity but can be fraught with dangers.

Given that the purchase of a property is one of the most important investments that most people will make in their lifetime, it is crucial to be advised by an independent expert.

2What does this service consist of?

  • Review of the purchase contract.
  • Management of negotiations and counter-offers.
  • Verification that the seller is able to pass good title.
  • Registry search to ensure property free of any charges or other mortgages.
  • Ensure outstanding taxes on the property are up-to-date before transfer.
  • Make sure that all items included in the sale (fixtures and fittings etc.).
  • Attendance and assistance when signing the deeds of the property.
  • Management of negotiations and counter-offers
  • In depth information about schools, sports clubs, shops, cultural organisations, etc.
  • Payment of stamp duty.
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad? Message
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10 years ago
Present in 20
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Over 30,000 client enquiries
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